Appeal 2007-2409
Application 10/034,846
Other Issue for Consideration
While we do not find that Roe discloses an outer cover which is
stretchable in at least one direction, we recommend that the Examiner
consider whether it would have been obvious to include a stretchable outer
cover in a disposable absorbent article such as a diaper in view of the
disclosures of Morman and Divo (of record). Morman discloses that it is
known to use extensible and retractable necked laminate materials in diapers
and training pants. (Morman 1.) Divo discloses a topsheet or backsheet of a
diaper including a composite elastic member. (Divo, cols. 6 and 8.)
Upon return of the Application to the Examiner it is recommended
that the Examiner consider whether a rejection of the claims for obviousness
over Roe in view of Morman and/or Divo is warranted.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a).
REVERSED
pgc
Senniger Powers Leavitt & Roedel
One Metropolitan Square
16th Floor Street
St. Louis, MO 63102
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